Defense Win for Martin and Petherick in Tennessee

Shareholder Sean W. Martin and Associate Michael J. Petherick, of Carr Allison’s Chattanooga (TN) office, obtained dismissal for its architectural firm client in two professional negligence cases inside of a premises liability case.

Two different plaintiffs on two separate dates fell on a landing area outside of a newly constructed hotel in Middle Tennessee.  Each plaintiff, represented by a different attorney, filed suit against the hotel owner for premises liability.  In each case, the hotel owner asserted the comparative fault of the architectural firm who designed the hotel.  The hotel’s theory was that they relied upon the expertise and knowledge of the architect to design the hotel in a manner that would not be dangerous to guests.  Both plaintiffs amended their Complaint to add causes of action against the architects for professional negligence.

Motions for Summary Judgment were filed under the theory that, since the plaintiffs did not have privity in contract with the architectural firm, they could not assert a cause of action for professional negligence.  Additionally, premises liability claims under Tennessee law are exclusive to the premises owner and cannot be extended to persons who have no ownership or control of the premises.

Dismissals were obtained in both cases on behalf of the architectural firm.

News

Best Lawyers Recognizes 27 Carr Allison Attorneys

Carr Allison is excited to announce that 27 attorneys, across three states, have been selected for inclusion in The Best Lawyers in America® 2020 for excellence in their respective practice areas.   In Alabama: · Birmingham office: o Brett Adair (Employment Law) o Russell Q. Allison (Insurance Law) o C. Steven Ball (Commercial Litigation) o Charles F. Carr (Personal […]

Learn More

Carr Allison Attorneys Earn Defense Verdict in Federal Court

Carr Allison attorneys Katy Beth Carr (Florence, AL) and Brett Adair (Birmingham, AL) earned a defense verdict following a jury trial in the employment case of Spurling v. Total Computer Solutions in federal court in Decatur, Alabama.  The  Plaintiff claimed the Defendant owed substantial commission payments allegedly earned during employment […]

Learn More

Carr Allison’s Darmer is Featured Speaker at AEI Event

Carr Allison Shareholder Angel A. Darmer (Birmingham, AL) spoke recently about product failure involving printed circuit boards during an Advanced Engineering Investigations (AEI) Corporation “Flashover Fridays” event in Littleton, Colorado.  Angel focused her remarks on the legal implications of printed circuit board failures with regard to product liability claims and […]

Learn More